Understanding Probate Real Estate In South Florida: What You Need to Know

Probate filings court document estate planning legal proceedings

It is common to have many questions when dealing with a probate property in South Florida. We’ve got some tips on how to deal with probate property down below.

Definition of Probate

It is necessary to go through the probate process when a homeowner dies without a trust or without full rights of survivorship in their property. Real estate that must be sold in order to divide the proceeds from the sale between beneficiaries if the will did not specify that it should go to a specific individual or group of individuals is a common practice in most cases. Finding out where probate should take place is the first step. There is no better place to begin than with the local government. There are a number of states that require the probate process to take place in the county where the property is located. In order to properly execute the estate plan, you’ll need the services of an attorney. After that, the paperwork is presented to the appropriate authorities. According to the will of the previous owner, the judge decides on the rightful owner of real estate. A judge will only rule against the will of a party in rare cases.

Probate is paid for by whom?

Either you pay for the probate yourself or you arrange for the costs to be deducted from the sale price at closing. To sell a property, the executor must set a listing price, negotiate a deal, and sign the sale contract. The lawyer handling your probate will then send the bill to the title company that is handling the sale of the property. Proceeds from the sale of the property will be reduced by the cost of probate. From a few hundred dollars to a few thousand dollars, they charge. State and property value are two factors that can affect this rule.

Probate property can be listed for sale, right?

Prior to the probate being finalized, you cannot even list or sell the property. To be able to list the property, you’ll need to make a formal application to the court. There will be no closing on the property until the probate process is complete, even if it is listed as available for sale. So that the title company can sell the property legally as soon as the probate case is filed, this information is provided by the deceased.

Do I need to lower my price?

To determine how much you can ask for the property and whether or not there are any structural issues that need to be disclosed in the contract for sale, it is necessary to have the property appraised. When receiving offers, you must take into account the costs of probate. Make sure that the price of the land is enough to cover your monthly expenses before purchasing it. Real estate probate costs are usually less than the actual market value of a home or other piece of property. Price your probate property lower than comparable sales or the appraised value if you want to sell it quickly. As a result, you can count on receiving offers in a timely manner.

What Do I Do After Accepting a Offer?

Execute the contract once you have approved an acceptable offer or negotiated a price you are willing to accept. Contact a real estate attorney if you have any questions about the contract and need help understanding all the terms, conditions, and rider provisions. You should make sure that the title company you choose has the probate lawyers’ invoice so that they can pay the bill from the proceeds of your sale.

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